Currently NY Supreme Court Justices have to accept mandatory retirement by the age of 70, which is too young for some, and can periodically undergo a certification process every two years until the age of 76, to enable them continuing on bench. Court of Appeals judges do not have any certification process to extend their tenure beyond that of the retirement age of 70 years.
Assembly Speaker Sheldon Silver and Assembly Judiciary Committee Chari Helene Weinstein expressed that the current retirement age does not reflect current realities and prevalent life expectancy. In a statement, Silver said, “Mandating that judges retire at 70 has become obsolete and consequently wastes the wealth of knowledge and wisdom that comes from years of experience.”
The proposal, which would now go to the state Senate, was passed 117-25. However, Assemblyman Michael Montesano of Nassau County vehemently opposed the proposal on a point where he held the proposal was discriminatory.
The proposal includes a certification process including a physical and psychological exam. However, the certification process is applicable only to Supreme Court judges and not to judges on the Court of Appeals. This, Montesano found objectionable.
The retirement age of judges varies from state to state. In Vermont, the retirement age for state judges is 90 years. Eighteen states do not have any mandatory retirement age for state judges, and other states typically range the retirement age between 70-75 years.
Once the proposal clears the Senate, an event that is expected to be smooth, it will be put to voters in a referendum for final approval.
